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POCSO act
2012
Amended
(2019)

2. 01
POCSO Act
came into
effect on 14th
November
2012
The aim of this
special law is to
address
offences of
sexual
exploitation
and sexual
abuse of
children
The Act defines
a child as any
person below
the age of 18
years
The Act was
further
reviewed and
amended in
2019
Introduction

3. The Protection of Children from Sexual Offences
Act, 2012 ["POCSO Act, 2012"] is legislation which
aims at protecting children from all types of
sexual abuse.
Definition

4. Table of contents
01
05
04
02
06
03
Need
Features Princples
Scope
Conclusions
Importance

5. NEED
Why do we need a legislation like the POCSO
Act, 2012
01

6. Need
• Before the introduction
of the POCSO Act, 2012,
the sole legislation in
India that aimed at
protecting the rights of a
child was the Goa's
Children's Act, 2003 and
Rules, 2004.
• Under the Indian Penal
Code, 1860, child sexual
abuse accounted for an
offender needs Sections
375, 354 and 377. These
provisions neither protect
male children from sexual
abuse nor protect their
modesty

7. Need
• Owing to the lack of any
specific legislation, it was
pivotal to establish a
statute that pointedly
tackles the issue of
growing child sexual
abuse cases in the
country.
• With the efforts of
multifarious NGOs,
activists and the Ministry
of Women and Child
Development, POCSO
Act, 2012 was enforced
on 14th November 2012

8. Scope
What is the scope of a legislation like the
POCSO Act, 2012
02

9. Scope
• In India, POCSO Act, 2012 is not the only legislation
which deals with child sexual abuse cases.
• The POCSO Act cannot be called a complete code in
itself and provisions of the Code of Criminal Procedure,
1973, Indian Penal Code, 1860, Juvenile Justice Act, and
Information Technology Act, 2000 overlap and
encapsulate the procedure and specify the offences.

10. IMPORTANC
E
Why a legislation like the POCSO Act, 2012 is
important?
03

11. Importance
• POCSO Act, 2012 was enacted when the cases of sexual
abuse against children were rising.
• It contains provisions regarding the protection of
children from sexual assault and pornography and lays
down the procedure for the implementation of these
laws.

12. Importance
• Incidents of sexual abuse against children occur at
schools, religious places, parks, hostels, etc and the
security of children is not guaranteed anywhere.
• With such emerging dangers, it was significant to
introduce separate legislation which could provide a
reliable system for mitigating the number of such
offences and punishing the perpetrators.

13. Importance
• The Act has been instrumental in providing a robust
justice mechanism for the victims of sexual abuse and
has highlighted the significance of child rights and
safety.
• The reporting of cases of child sexual abuse has also
surged as a consequence of awareness. The Act covers
punishment for both non-penetrative sexual assault
and aggravated penetrative sexual assault.

14. “Every child is innocent save them
from the fear.”

15. FEATURES
What are the important features in a legislation
like the POCSO Act, 2012
04

16. Features
Confidentiality
of victims
identity
Gender-
neutral
provisions
Mandatory
reporting
01 02 03 04
Last seen
theory
Child friendly
investigation
and trial
05

17. Features
Child-friendly investigation and trial:
• Sections 24, 26 and 33 of the POCSO Act lay down the
procedure of investigation and trial which has been
formulated keeping in mind the needs of a child.

18. Features
Confidentiality of the victim's identity:
• Section 23 of the POCSO Act provides for the procedure
of media and imposes the duty to maintain the child
victim's identity unless the Special Court has allowed the
disclosure.

19. Features
Gender-neutral provisions:
• Another glaring feature of the POCSO Act is that it does
not create any distinction between the victim or the
perpetrators on the basis of their gender. This
overcomes one of the biggest shortcomings of the
Indian Penal Code's provisions.

20. Features
Mandatory reporting of child abuse cases:
• Sexual abuse cases happen behind closed doors and
the elders attempt to hide these incidents due to the
stigma that is attached to these crimes

21. Features
The last seen theory:
• According to this theory, the person who is last seen
with the victim is assumed to be the perpetrator of the
offence when the time gap between the point when
they were last seen alive is so minute that it is not
possible that any other person could have committed
the crime.

22. Principles
What are the principle basis of a legislation like
the POCSO Act, 2012
05

23. Principles
This is also a crucial fundamental right and an additional duty under the Indian
Constitution
01
02
03
Right to be treated with dignity
Right to life and survival
Right against discrimination
Right to life is a fundamental right provided by Article 21 of the Indian
Constitution.
Various provisions under the POCSO Act reflect that it is very crucial to treat a child with
dignity and utmost compassion.

24. Principles
The main objective behind provisions like Section 23 is to protect the right to
privacy of a child against whom any offence under the POCSO Act.
04
05
06
Right to preventive measures
Right to be informed
Right to privacy
A child should be informed of the legal procedures that are being carried out for
the conviction of the accused.
Children being immature in their growing stages, should be well trained so that they
become capable of preventing abuses against them thereby differentiating between
what is right and what is wrong.

25. POCSO Guidelines for Teachers
Teachers should be
sensitive to the needs
of children and should
create an
environment where
children feel safe to
disclose any form of
abuse.
● Teachers should
also be alert to any
changes in a child's
behaviour or
appearance that could
indicate abuse.
● In case a child
discloses abuse,
teachers should
immediately report the
matter to the
concerned
authorities.

26. Responsibilities of Teachers and Parents
Identify the
signs
Talk to their
children about
body safety
Need to know
who to contact
and the
procedure

27. What Precautions Should Be Taken by
Schools to Prevent Abuse?
Staff training
clear policy on
child protection
and safeguarding
regular
communication
age-appropriate
sex and
relationships
education to pupils

28. Procedure to Report Child Sexual Abuse for Child Protection
The case must be reported immediately.
You should advise your child or student to promptly report the incident to you or a trusted
adult in order to take immediate steps of action.
You should consider reporting the offence if:
A child or adult exhibits
numerous and
consistent warning signs
of abuse or risk of
abuse.
A child has reported that
an adult is abusing
them.
A child has reported that
another child has
engaged in sexually
inappropriate behaviour
with them.
A child claims to have
sexually harmed another
child.
An adult has admitted to
sexually abusing a child.
A person has became
aware of child sexual
abuse material (child
pornography) on the
internet. An adult notices
another adult or child
viewing child sexual abuse
material.
Parents or teachers
should immediately
notify the Schools
Complaints Committee
when they come across
such situations.

29. POCSO Guidelines for Schools
Every school, according to the POCSO Act, should have a School Complaints Committee, or SCC.
● Anyone who witnesses or suspects child sexual abuse, or who learns of an incident from children,
should report it to the Committee.
● The schools should also install a complaint/suggestion box in the school for students to submit
written complaints.
● The committee should act immediately on any child sexual abuse complaint received through the
complaint box or otherwise.
● The school should appoint a part-time or full-time counsellor. They should inform the children
about this service's availability and encourage interaction between the counsellor and the students.

30. Conclusions
• POCSO Act, 2012 was enacted
when the cases of sexual abuse
against children were rising.
• It contains provisions regarding
the protection of children from
sexual assault and pornography
and lays down the procedure for
the implementation of these
laws.

31. Thank You
Open Session